1 2025:CGHC:58592 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9791 of 2025 Bhagwat Sahu S/o Hulasram Sahu Aged About 36 Years R/o Village- Pihareed P.S. Malkhauda District- Shakti (C.G.) ... Applicant versus State of Chhattisgarh Through Police Station, Jutmil Raigarh, District- Raigarh (C.G.) ... Non-Applicant For Applicant : Mr. Sanjay Agrawal, Advocate. For Non-Applicant/State : Ms. Supriya Upasane, Govt. Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03.12.2025 1. This is the 昀椀rst bail application 昀椀led under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 381/2024 registered at Police Station- Jutmil Raigarh, District- Raigarh (C.G.) for the o昀昀ence under Sections 20(B) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The case of the prosecution is that the police of Police Station Jutemill, District Raigarh (C.G.), received secret information from an informant, and on the basis of such information, the police conducted a raid and searched two vehicles parked near Kodatarai RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 Howaipatti. During the raid, 昀椀ve accused persons namely, Santram Khunte, Sumitra Khunte, Rajaram, Ankit Singh, and Mahendra Tondon were apprehended, and a total of 175 kg of contraband (Ganja) was seized from the said vehicles. During the course of investigation, it came to light that the seized Ganja had been purchased from one Vyomesh, who was alleged to be the distributor of the contraband. The police recorded the memorandum statements during investigation, implicated the present applicant along with other persons, and thereafter 昀椀led the charge sheet. 3. Learned counsel for the applicant submits that the applicant is innocent and has not committed any o昀昀ence. It is submitted that no contraband Ganja has been seized from the possession of the present applicant, and he has been falsely implicated solely on the basis of the memorandum statement of co-accused. He additionally submits that a similarly placed co-accused persons, namely Vyomesh Khatua and Deepak @ Nanhu Bharadwaj, whose bail applications (MCRC No. 7090/2025 and MCRC No. 6013/2025) were earlier rejected by this Hon’ble High Court on 07.09.2025 and 31.07.2025 respectively, approached the Hon’ble Supreme Court and has been granted bail in SLP (Criminal) Nos. 14183/2025 and 15232/2025 vide order dated 17.11.2025. A copy of the order dated 17.11.2025 is 昀椀led as Annexure A-4. He further submits that the applicant has no criminal antecedents and he is in jail since 28.08.2024 and conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 3 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submit that the charge- sheet has been 昀椀led in the present case before the competent Court and also endorse the submission made by the learned counsel for the applicant. She further submits that 175 kg Ganja seized from the joint possession of the present applicant along with co-accused person, therefore, the present applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case that in the present bail application the charge-sheet has been 昀椀led before the competent Court, the fact that similarly placed co- accused persons, namely Vyomesh Khatua and Deepak @ Nanhu Bharadwaj, whose bail applications (MCRC No. 7090/2025 and MCRC No. 6013/2025) were earlier rejected by this Court on 07.09.2025 and 31.07.2025 respectively, approached the Hon’ble Supreme Court and has been granted bail in SLP (Criminal) Nos. 14183/2025 and 15232/2025 vide order dated 17.11.2025, this Court is of the considered view that the applicant stands on the same footing as the said co-accused, further the applicant has no criminal antecedents and he is in jail since 28.08.2024, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case on the ground of parity. 4 7. Let the Applicant – Bhagwat Sahu, involved in CCrime No. 381/2024 registered at Police Station- Jutmil Raigarh, District- Raigarh (C.G.) for the o昀昀ence under Sections 20(B) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, be released on bail on furnishing personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall 昀椀le an undertaking to the e昀昀ect that he shall not seek any adjournment on the dates 昀椀xed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date 昀椀xed, either personally or through his counsel. In case of his absence, without su昀케cient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the Court on the date 昀椀xed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the 5 Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates 昀椀xed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without su昀케cient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. O昀케ce is directed to send a certi昀椀ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan